Florida 2020 Regular Session Status: In Committee

HB 903 — Fines and Fees

Last action — Died on Calendar

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Fines and Fees; Provides procedures for payment plans; revises methods for accepting payments for certain fines, fees, charges, & costs; provides requirements for payment plan; authorizes court to convert certain fines & fees into community service; requires OSCA to develop uniform payment plan form; authorizes certain persons to apply for reinstatement of suspended licenses.

Bill Text

What changed in the latest version

324 added · 339 removed

324 line(s) added, 339 removed.

→
Previous
Latest
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 903 2020 A bill to be entitled An act relating to fines and fees;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2020 A bill to be entitled An act relating to fines and fees;
authorizing a court to waive, modify, and convert certain fines and fees into community service under specified circumstances;
authorizing a court to convert certain fines and fees into community service under specified circumstances;
authorizing clerks of court to transmit and send specified notices relating to payment plans;
requiring the clerks of court, in consultation with the Florida Clerks of Court Operations Corporation, to develop a uniform payment plan form by a specified date;
requiring the Office of the State Courts Administrator to develop a uniform payment plan form by a specified date;
requiring clerks of court to use such forms by a specified date;
conforming a cross-reference and provisions to changes made by the act;
conforming a cross-reference;
authorizing rather than requiring clerks of court to notify the Department of Highway Safety and Motor Vehicles under certain circumstances;
requiring that a Page 1 of 13 CODING:
requiring certain notifications within the uniform traffic citations;
Words stricken are deletions;
words underlined are additions.
hb0903-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 903 2020 notification form and the uniform traffic citation include certain information about paying a civil penalty;
Section 1.
Page 1 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2020 Section 1.
Page 2 of 13 CODING:
1.
Words stricken are deletions;
words underlined are additions.
hb0903-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 903 2020 1.
The clerk shall cause a certified copy of the order to be recorded in the official records of the county, at no cost.
The clerk shall cause a certified copy of the order to be recorded in the Page 2 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2020 official records of the county, at no cost.
Subsection (26) of section 28.24, Florida Page 3 of 13 CODING:
Subsection (26) of section 28.24, Florida Statutes, is amended to read:
Words stricken are deletions;
words underlined are additions.
hb0903-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 903 2020 Statutes, is amended to read:
3.50, from which the clerk shall remit 0.50 per payment to the Department of Revenue for deposit into the General Revenue Fund.
3.50, from which the clerk shall remit Page 3 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2020 0.50 per payment to the Department of Revenue for deposit into the General Revenue Fund.
28.246, per month...............................................5.00 (c) For setting up a payment plan, a one-time administrative processing charge of in lieu of a per month charge under paragraph (b)............................25.00.
28.246, per month5.00 (c) For setting up a payment plan, a one-time administrative processing charge of in lieu of a per month charge under paragraph (b)25.00 (c) A person may pay the one-time administrative processing charge in paragraph (b) in no more than five equal monthly payments.
(c) A person may pay the one-time administrative processing charge in paragraph (b) in no more than five equal monthly payments.
Subsections (4) and (5) of section 28.246, Florida Statutes, are amended to read:
Subsections (4) and (5) of section 28.246, Florida Statutes, are amended, and subsection (7) is added to that section, to read:
Page 4 of 13 CODING:
distribution of funds.— (4) Each The clerk of the circuit court shall accept scheduled partial payments for court-related fees, service charges, costs, and fines electronically, by mail, or in person, in accordance with the terms of an established payment plan and enroll.
an individual seeking to defer payment of fees, service charges, costs, or fines imposed by operation of law or order of the court under any provision of general law no later than 30 Page 4 of 13 CODING:
hb0903-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 903 2020 distribution of funds.— (4) Each The clerk of the circuit court shall accept scheduled partial payments for court-related fees, service charges, costs, and fines electronically, by mail, or in person, in accordance with the terms of an established payment plan and enroll.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2020 calendar days after the date the court enters the order assessing fines, fees, and costs.
an individual seeking to defer payment of fees, service charges, costs, or fines imposed by operation of law or order of the court under any provision of general law no later than 30 calendar days after the date the court enters the order assessing fines, fees, and costs.
The clerk of court may not refer a case to collection or send notice to the department to suspend an individual's driver license for nonpayment or failure to comply with the terms of a payment plan if the individual is still incarcerated.
If the clerk enters shall enter into a payment plan with an individual who the court determines is indigent for costs, the.
If the clerk enters shall enter into a payment plan with an individual who the court determines is indigent for costs, the .
Show all 106 changed rows (66 more)
Previous
Latest
A monthly payment amount shall be, calculated based upon all fees and all Page 5 of 13 CODING:
A monthly payment amount, calculated based upon all fees and all anticipated fines, fees, costs, and service charges, is presumed to correspond to the person's ability to pay if the amount does not exceed 2 percent of the person's annual net income, as defined in s.
27.52(1), divided by 12 or $10, whichever is greater.
The court may review the reasonableness of the payment plan and may, on its own motion or by petition, waive, modify, or convert the outstanding fines, fees, costs, or service charges to community service if the court determines that the individual is indigent or due to compelling circumstances, is unable to comply with the terms of the payment plan.
(5)(a) The clerk shall transmit notice to the Department Page 5 of 13 CODING:
hb0903-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 903 2020 anticipated fines, fees, costs, and service charges owed within the county, and is presumed to correspond to the person's ability to pay if the amount does not exceed 2 percent of the person's annual net income, as defined in s.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2020 of Highway Safety and Motor Vehicles if any payment due under a payment plan is not received within 30 days after the due date unless the individual brings the account current, makes alternate payment arrangements, or enters into a revised payment plan with the clerk before the due date.
27.52(1), divided by 12 or $10, whichever is greater.
The court may review the reasonableness of the payment plan and may, on its own motion or by petition, waive, modify, or convert the outstanding fines, fees, costs, or service charges to community service if the court determines that the individual is indigent or, due to compelling circumstances, is unable to comply with the terms of the payment plan.
(5)(a) The clerk may transmit notice to the Department of Highway Safety and Motor Vehicles if any payment due under a payment plan is not received within 30 days after the due date unless the individual is incarcerated, brings the account current, makes alternate payment arrangements, or enters into a revised payment plan with the clerk before the due date.
Page 6 of 13 CODING:
2.(b) That portion of fees, service charges, court costs, and fines required to be retained by the clerk of the court or deposited into the Clerks of the Court Trust Fund within the Department of Revenue.
3.(c) That portion of fees, service charges, court costs, and fines payable to state trust funds, allocated on a pro rata basis among the various authorized funds if the total collection amount is insufficient to fully fund all such funds as provided by law.
4.(d) That portion of fees, service charges, court costs, and fines payable to counties, municipalities, or other local entities, allocated on a pro rata basis among the various Page 6 of 13 CODING:
hb0903-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 903 2020 2.(b) That portion of fees, service charges, court costs, and fines required to be retained by the clerk of the court or deposited into the Clerks of the Court Trust Fund within the Department of Revenue.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2020 authorized recipients if the total collection amount is insufficient to fully fund all such recipients as provided by law.
3.(c) That portion of fees, service charges, court costs, and fines payable to state trust funds, allocated on a pro rata basis among the various authorized funds if the total collection amount is insufficient to fully fund all such funds as provided by law.
To offset processing costs, clerks shall may impose either a per-month service charge pursuant to s.
4.(d) That portion of fees, service charges, court costs, and fines payable to counties, municipalities, or other local entities, allocated on a pro rata basis among the various authorized recipients if the total collection amount is insufficient to fully fund all such recipients as provided by law.
28.24(26)(b) or a one- time administrative processing service charge at the inception of the payment plan pursuant to s.
To offset processing costs, clerks may impose either a per-month service charge pursuant to s.
28.24(26)(b) or a one-time administrative processing service charge at the inception of the payment plan pursuant to s.
The clerk of court may waive this fee for any individual who enrolls in an automatic electronic debit payment plan.
(7) Clerks may establish multi-county intergovernmental authorities pursuant to chapter 163 to administer payment plans in the participating counties.
Page 7 of 13 CODING:
uniform payment plan forms.— (1) The clerks of court, through their association and in consultation with the Office of the State Courts Administrator, shall prepare and disseminate a manual of filing fees, service charges, costs, and fines imposed pursuant to state law, for each type of action and offense, and classified as mandatory or discretionary.
The manual also shall classify the fee, charge, cost, or fine as court-related revenue or noncourt-related revenue.
The clerks, through their association, shall disseminate this manual to the chief judge, state attorney, public defender, and court administrator in each circuit and to Page 7 of 13 CODING:
hb0903-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 903 2020 uniform payment plan forms.— (1) The clerks of court, through their association and in consultation with the Office of the State Courts Administrator, shall prepare and disseminate a manual of filing fees, service charges, costs, and fines imposed pursuant to state law, for each type of action and offense, and classified as mandatory or discretionary.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2020 the clerk of the court in each county.
The manual also shall classify the fee, charge, cost, or fine as court-related revenue or noncourt-related revenue.
The clerks, through their association, shall disseminate this manual to the chief judge, state attorney, public defender, and court administrator in each circuit and to the clerk of the court in each county.
(3) By January 1, 2021, each clerk of the court shall use the uniform payment plan form described in subsection (2) when Page 8 of 13 CODING:
(3) By January 1, 2021, each clerk of the court shall use the uniform payment plan form described in subsection (2) when establishing payment plans.
Words stricken are deletions;
words underlined are additions.
hb0903-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 903 2020 establishing payment plans.
A monthly payment amount must be, calculated based upon all fines, fees, and all anticipated costs owed within that county and, is presumed to correspond to the person's ability to pay.
A monthly payment amount, calculated based upon all fees and all anticipated costs, is presumed to correspond to the person's ability to pay Page 8 of 13 CODING:
The monthly payment plan amount shall be the greater of $10 or if it does not exceed 2 percent of the person's annual net income, as defined in subsection (1), divided by 12.
Words stricken are deletions;
words underlined are additions.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2020 if it does not exceed 2 percent of the person's annual net income, as defined in subsection (1), divided by 12.
Page 9 of 13 CODING:
318.15 Failure to comply with civil penalty or to appear;
Words stricken are deletions;
penalty.— (1)(a) If a person fails to comply with the civil penalties provided in s.
words underlined are additions.
hb0903-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 903 2020 318.15 Failure to comply with civil penalty or to appear;
penalty.— (1)(a) If a person who is not incarcerated fails to comply with the civil penalties provided in s.
318.14 and 28.246, fails to attend driver improvement school, or fails to appear at a scheduled hearing, the clerk of the court may shall notify the Department of Highway Safety and Motor Vehicles of such failure within 30 10 days after such failure, except as provided herein.
318.14 and 28.246, fails to attend driver improvement school, or fails to appear at a scheduled hearing, the clerk of the court shall notify the Department of Highway Safety and Motor Vehicles of such failure within 30 10 days after such failure, except as provided herein.
Upon receipt of such notice, the department shall immediately issue an order suspending the driver license and privilege to drive of such person effective 20 days after the date the order of suspension is mailed in accordance with s.
Upon receipt of such notice, the department shall immediately issue an order suspending the driver license and privilege to drive of such person effective Page 9 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2020 20 days after the date the order of suspension is mailed in accordance with s.
duties of department.—The department Page 10 of 13 CODING:
duties of department.—The department shall prepare a notification form to be appended to, or incorporated as a part of, the Florida uniform traffic citation issued in accordance with s.
Words stricken are deletions;
words underlined are additions.
hb0903-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 903 2020 shall prepare a notification form to be appended to, or incorporated as a part of, the Florida uniform traffic citation issued in accordance with s.
The notification and the uniform traffic citation must include information on paying the civil penalty to the clerk of the court and information that the person may contact the clerk of the court to establish a payment plan pursuant to s.
The notification and the uniform traffic citation shall include information on paying the civil penalty to the clerk of the court and information that the person may contact Page 10 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2020 the clerk of the court to establish a payment plan pursuant to s.
322.245 Suspension of license upon failure of person charged with specified offense under chapter 316, chapter 320, or this chapter to comply with directives ordered by traffic court or upon failure to pay child support in non-IV-D cases as provided in chapter 61 or failure to pay any financial obligation in any other driving-related criminal case.— Page 11 of 13 CODING:
322.245 Suspension of license upon failure of person charged with specified offense under chapter 316, chapter 320, or this chapter to comply with directives ordered by traffic court or upon failure to pay child support in non-IV-D cases as provided in chapter 61 or failure to pay any financial obligation in any other criminal case.— (1) If a person charged with a violation of any driving- related of the criminal offenses enumerated in s.
Words stricken are deletions;
words underlined are additions.
hb0903-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 903 2020 (1) If a person charged with a violation of any driving- related of the criminal offenses enumerated in s.
The notice shall be mailed no later than 5 days after such failure.
The notice shall be mailed no later than 5 days after Page 11 of 13 CODING:
The delinquency fee may be retained by the office of the clerk to defray the operating costs of the office.
(5)(a) A person whose driver license was suspended before July 1, 2020, pursuant to this section solely for the nonpayment of fines, fees, or costs in a criminal case not involving operation of a motor vehicle, if otherwise eligible, may apply to have his or her license reinstated upon payment of a reinstatement fee.
(b) When the department receives notice from a clerk of the court that a person licensed to operate a motor vehicle in this state under the provisions of this chapter has failed to Page 12 of 13 CODING:
hb0903-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 903 2020 pay financial obligations, in full or in part under a payment plan established pursuant to s.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2020 such failure.
The delinquency fee may be retained by the office of the clerk to defray the operating costs of the office.
(5)(a) A person whose driver license was suspended before July 1, 2020, pursuant to this section solely for the non- payment of fines, fees, or costs in a criminal case not involving operation of a motor vehicle, may, if otherwise eligible, apply to have his or her license reinstated upon payment of a reinstatement fee.
(b) When the department receives notice from a clerk of the court that a person licensed to operate a motor vehicle in this state under the provisions of this chapter has failed to pay financial obligations, in full or in part under a payment plan pursuant to s.
or 3.
or Page 12 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb0903-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 903 2020 3.
hb0903-02-c2
hb0903-01-c1
⬇ Download PDF
View plain text versions (3)

Action History

  1. Died on Calendar

  2. Indefinitely postponed and withdrawn from consideration

  3. Referred to- Calendar

  4. Original reference(s) removed: Judiciary Committee

  5. CS/CS by Appropriations Committee read 1st time

  6. Pending review of CS under Rule 7.18(c)

  7. CS/CS by Appropriations Committee; YEAS 27 NAYS 0

  8. On Committee agenda-- Appropriations Committee, 02/25/20, 3:30 pm, Webster Hall

  9. CS by Civil Justice Subcommittee read 1st time

  10. Now in Appropriations Committee

  11. Pending review of CS under Rule 7.18(c)

  12. CS by Civil Justice Subcommittee; YEAS 13 NAYS 0

  13. On Committee agenda-- Civil Justice Subcommittee, 02/04/20, 3:30 pm, Sumner Hall

  14. Introduced

  15. Referred to Civil Justice Subcommittee; Appropriations Committee; Judiciary Committee

  16. Filed

Sponsors

  • Donalds · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Donalds

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable With Committee Substitute (Appropriations Committee)

Passed 27 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 6001
Unaffiliated 20003
Democrat 1000
Total 27004
% of votes cast 87%0%0%13%
How each member voted (31)
Member Party Vote
Byrd — Yea
Cummings — Yea
Diamond — Yea
Donalds — Yea
DuBose — Yea
Duran — Yea
Eagle — Yea
Fine — Yea
Geller — Yea
Good — Yea
Jacobs — Not Voting
Jenne — Yea
Latvala — Yea
Magar — Yea
McGhee — Yea
Pigman — Yea
Raschein — Yea
Renner — Not Voting
Rodrigues, R. — Yea
Sprowls — Not Voting
Watson, B. — Yea
Williamson — Yea
La Rosa — Yea
Smith, Carlos Guillermo Democrat Yea
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
Plasencia, Susan Republican Not Voting
Stark, Paula A. Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable With Committee Substitute (Civil Justice Subcommittee)

Passed 13 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 1000
Unaffiliated 8000
Republican 4002
Total 13002
% of votes cast 87%0%0%13%
How each member voted (15)
Member Party Vote
Diamond — Yea
Hill — Yea
Mercado — Yea
Omphroy — Yea
Payne — Yea
Rommel — Yea
Stone — Yea
Thompson, Geraldine F. "Geri" — Yea
Antone, Bruce Hadley Democrat Yea
DiCeglie, Nick Republican Yea
Leek, Thomas J. "Tom" Republican Yea
McClure, Lawrence Republican Not Voting
Rodriguez, Ana Maria Republican Yea
Sirois, Tyler I. Republican Not Voting
Trumbull, Jay Republican Yea

Official roll call →

Subjects

public-safety finance civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 903 do?
Fines and Fees; Provides procedures for payment plans; revises methods for accepting payments for certain fines, fees, charges, & costs; provides requirements for payment plan; authorizes court to convert certain fines & fees into community service; requires OSCA to develop uniform payment plan form; authorizes certain persons to apply for reinstatement of suspended licenses.
Who sponsors HB 903?
HB 903 is sponsored by Donalds.
What is the current status of HB 903?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 903?
Track HB 903 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 903

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 903

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →